Understanding search engines: A legal perspective on liability in the Internet law vista

This contribution discusses the legal dimension of search engines in an Internet law context, through both a global lens and a Turkish perspective. This paper introduces search engine liability in the growing Internet industry and the role of search engines in distributing and disseminating information. Next, this paper considers a global perspective on the legal dimension of search engines from United States case law, United Kingdom case law, and other European courts and legislation. This contribution then discusses the liability of search engines in the Turkish legal context. The conclusion provides an overall evaluation of the current status of search engine liability and prospects on its potential development.     

Fetal protection and potential liability: judicial application of the Pregnancy Discrimination Act and the disparate impact theory

"Fetal vulnerability programs," which are employer attempts to protect employees' unborn fetuses from harm caused by the mothers' exposure to hazardous material in the workplace, have been challenged as a form of employment discrimination. This Note analyzes the recent judicial application of the Pregnancy Discrimination Act (PDA) and the disparate impact theory to fetal vulnerability cases. The Note also examines the business necessity defense's accommodation of legitimate employer interests. The Note concludes that a more potent business necessity defense, a stricter standard for evaluating alternative protective measures, and a judicial interpretation of the PDA which is more consistent with congressional intent are necessary for fair and reasonable resolution of these cases.     

关于海事赔偿责任限制程序有待澄清的几个问题

中国的《海诉法》和《民诉法》不适宜处理复杂的海事赔偿责任限制案件,主张应当建立一套专门的海事诉讼程序,并就反对建立责任限制程序的主要理由进行了评论。     

试析域名登记管理者在域名争议中的法律责任

一、域名登记管理者的定义与范围 域名登记管理者是负责对通用顶级域名(gTLDs)及域别代码顶级域名(ccTLDs)进行注册及管理的机构,其通常具有三方面职能:第一,域名登记,即作为域名登记者(domain name registrar),在经过检索核实域名注册人(registrant)申请注册的域名并未被其他域名注册人事先占用或未与法律法规的要求相抵触的前提下,对域名注册人申请注册的域名进行登记;第二,域名维护,即作为域名维护者(domain name registry),定期对域名注册记录数据库进行追加、更新,提供域名记录的解析和定位服务,以确保网络信息流动的畅通①;第三,域名     

论承继共同正犯的法律性质及刑事责任

在大陆法系国家和有关地区的刑法理论上，共同正犯，是指两人以上共同实行犯罪者。根据共同意思成立的时间，共同正犯又可分为共谋共同正犯、偶然共同正犯和承继共同正犯，承继共同正犯是指先行行为人已经实施了一部分实行行为后，后行为人以共同实行的意思参与实行犯罪的情况。关于承继共同正犯的法律性质和成立范围，在刑法理论和实践中存在不同的认识。在我国，根据刑法的规定，共同犯……     

超药品说明书用药的相关法律责任问题研究

目的：为规范药品生产企业的药品说明书,促进医务人员安全合理用药提供有益借鉴。方法：从法学角度剖析医务人员和药品生产企业是否应该承担超药品说明书用药导致纠纷的民事责任,并引用法条加以阐释。结论：在医务人员正确履行规定义务的情况下,医务人员不需要承担超药品说明书用药引发纠纷的责任,药品生产企业则应当为此而承担相应的民事责任。     

Civil liability of private security: Enforcer of moral obligations to right legal wrongs

The private security industry in the United States now has approximately twice as many personnel as does the public police. Private Security personnel have authority over the liberty, and sometimes the lives, of customers and employees. Often they exercise this awesome responsibility with little if any background and training. In most instances private security personnel are not considered law officers or peace officers and are, therefore, not bound by the same rules and regulations that apply to public police. More and more frequently, untrained or minimally trained, and basically unqualified security officers are taking actions against customers and employees which are excessive and unreasonable. Without the Constitutional protections which would be available if the act were committed by a public police officer, the only recourse for a private individual against reckless and wanton conduct on the part of private security personnel is a civil action, seeking compensation for the inconvenience caused or injuries received. The courts have found that companies and their security personnel have an obligation to be reasonable in their investigations of suspected criminal violations by employees and customers. Failure to conduct a proper and reasonable investigation will open the individual directing the investigation, and the company authorizing it, to liabililty for the injury their improper actions have caused. Civil liability suits have become the moral enforcer for improper and excessive conduct by private security personnel.     

Some recent developments in the legal relationship between parent and child

This article is based on a paper read at the Oxford Round Table Sir William Blackstone Colloquium on Public School Law in Oxford in 2000. Living and working in the 18th century, Sir William Blackstone was one of the most prominent English lawyers of all time, his influence still enduring in England and in many other countries with historical links with England. Because Blackstone regarded the relationship between parent and child as very important, the author therefore traced it through three broad periods: Blackstone's own times, South Africa before 1994 and South Africa after 1994. In preparing the paper, the author realised that many changes had taken place in the legal relationship between parent and child in South Africa since 1994 and that their implications for education management need to be explored. Education law literature in South Africa is certainly still largely dominated by the law as it was before 1994; so are the management implications drawn from it. The article has four sections: first, aspects of the parent-child relationship in South African law before the new Constitutional dispensation; second, relevant developments in South African under the new Constitution(s) and finally, a conclusion.